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Filed: K-3 Visa Country: Egypt
Timeline

Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

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Filed: AOS (apr) Country: Philippines
Timeline
Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

Does he have his greencard?

YMMV

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Filed: Citizen (pnd) Country: France
Timeline
Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

If you check on the IRS website or things about the rebate, you will find that it depends on the number of days he spend in the US. There is a minimum to reach (before filling for taxes), if he did reach that amount of days he might get it.

Just wait and see I would say.

Edited by Cécy

08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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Filed: K-3 Visa Country: Egypt
Timeline
Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

Does he have his greencard?

Not yet :crying:

that takes him out of the running huh?

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Filed: AOS (apr) Country: Philippines
Timeline
Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

Does he have his greencard?

Not yet :crying:

that takes him out of the running huh?

Don't know the rules 100%, but you are considered a resident alien (for tax purposes) if you meet the "greencard" test or the "substantial presence" test. He fails the greencard test but if he was in the country for more thatn 173 days in 2007 then he passes the substantial presence test. This may be the same criteria they will use for the rebate. IRS website will be the definitive source.

YMMV

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Filed: K-3 Visa Country: Egypt
Timeline
Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

Does he have his greencard?

Not yet :crying:

that takes him out of the running huh?

Don't know the rules 100%, but you are considered a resident alien (for tax purposes) if you meet the "greencard" test or the "substantial presence" test. He fails the greencard test but if he was in the country for more thatn 173 days in 2007 then he passes the substantial presence test. This may be the same criteria they will use for the rebate. IRS website will be the definitive source.

Thanks...at least there is some hope. I'll give the IRS wbbsite a try again, I didnt find the part about substantial presence when I was checking when I posted this.

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Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

While my AOS is pending we filed 1040 together with my husband.. and accountant told us that we will receive a rebate as a family.

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If he arrived in the US a year and a half ago, I assume he has EAD and an SSN (and a job). He is filing his taxes as "married, filing separately" (as are you). The green card test and the substantial presence test are used to determine if your husband must file a US tax return as a resident alien or a non-resident alien. A non-resident alien is taxed on money they made in the US (through business, trade, or a job). If you are a resident alien for tax purposes, you are taxed on income from all sources, US or non-US (subject to the exemption of foreign income to the yearly allowance). That is the main difference here. I assuming he is required to and does file US taxes as a resident alien, that is using a regular 1040 (not a 1040NR). Of course, if you earn any money in the US and even if you fail both tests, you can elect to file a US Federal tax return (or file jointly with your spouse even if you don't make any money). This election usually results in the same or more tax revenue for the US government (never less). Resident alien and non-resident alien for tax purposes has little to do with actual immigration status.

The requirement for the rebate was filing a 1040 and having a valid SSN, so he should be getting the rebate if my assumptions hold true.

Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

Edited by Urge To Race

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

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This is something that's bothering us as well. :unsure:

We were married last December and we filed jointly for the 2007 tax year online. However, upon filing online we were not asked if we opt to choose for me( the immigrant) to be treated us a resident for tax purposes. I was just curious how will the IRS know if I am a non-resident alien who opt to be treated as a resident alien for tax purposes when there's no information/statement provided online. Also, we were not asked to submit the form declaring my income in the Philippines. Hopefully, we will be able to receive the rebate soon as they will be releasing it starting April 28.

AOS TIMELINE

12.08.07 - Got married

03.03.08 - Sent AOS package to Chicago Lockbox through USPS Express Mail

03.04.08 - AOS Package Received by V Bustamante USCIS Chicago IL

03.07.08 - Notice Date on NOAs

03.10.08 - Money order cashed

03.11.08 - Received NOAs for I-485, I-765 & I-131

03.14.08 - Received Biometrics Appointment Notice

03.16.08 - Case viewed online

03.25.08 - I-485 Application transferred to CSC

03.29.08 - Received Transfer Notice frm USCIS in the mail

04.01.08 - Biometrics Appointment Schedule @ 1:00 PM USCIS-Dallas

04.01.08 - Received CSC receipt notice of I-485 (Case received & pending at CSC)

04.01.08 - I-485 & I-765 Touched

04.02.08 - I-485 Touched again

04.29.08 - Received EAD & AP Approval Notice from CRIS

05.05.08 - EAD Touched

05.06.08 - EAD & AP Touched

05.07.08 - Received EAD card & AOS Touched

05.08.08 - Received AP documents & AOS Touched

05.09.08 - AOS Touched (5/12-13, 15,19)

05.29.08 - AOS APPROVED

06.06.08 - Approval Notice & GREEN CARD Received

03.30.10 - Sent I-751 Package to Vermont Service Center

04.01.10 - I-751 received by D. Renaud @ VSC

04.06.10 - Check Cashed

l3ye.jpg.png

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This is something that's bothering us as well. :unsure:

We were married last December and we filed jointly for the 2007 tax year online. However, upon filing online we were not asked if we opt to choose for me( the immigrant) to be treated us a resident for tax purposes. I was just curious how will the IRS know if I am a non-resident alien who opt to be treated as a resident alien for tax purposes when there's no information/statement provided online. Also, we were not asked to submit the form declaring my income in the Philippines. Hopefully, we will be able to receive the rebate soon as they will be releasing it starting April 28.

We have absolutely same situation... and our accountant didn't even ask my EAD, only SSN.

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Filed: Citizen (apr) Country: Canada
Timeline
While my AOS is pending we filed 1040 together with my husband.. and accountant told us that we will receive a rebate as a family.

Same for us and the accountant didn't ask us if I had EAD was just concerned with my SSN and he said it would be a rebate of $1,200

Edited by Leafgal

K-1 journey, AOS/EAD and ROC in my timeline

2011 March 31 - Sent off Naturalization pkg overnight to Texas

2011 April 1 - Arrived in Texas at 10:21 am

2011 April 1 - NOA (rec'd via snail mail April 8)

2011 April 7 - Cheque cashed

2011 May 5 - Biometrics (letter rec'd via snail mail April 15)

2011 May 9 - Placed in line for interview scheduling

2011 June 13 - Rec'd yellow letter (no change in status online)

2011 June 23 - Rec'd text that my case has been scheduled for interview

2011 August 1 - Interview (rec'd via snail mail June 27) PASSED

2011 August 3 - Rec'd email that my case has been scheduled for Oath

2011 September 1 - Oath ceremony (rec'd snail mail Aug 5)

2011 September 1 - All done, yeah.

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Filed: K-1 Visa Country: Scotland
Timeline

We filed Jointly and this entitles us to the $1,200 rebate............I know that while your AOS is pending you should file as a 'resident' rather than a non resident.......also you must have completed your tax return by April 15th in order to qualify for the Economic Stimulus Payment.........which goes by the last 2 digits on your SS card........below is the time scale for this:

Stimulus Payment Schedule for Tax Returns Received and Processed by April 15

Direct Deposit Payments

If the last two digits of your Social Security number are 00-20

Your economic stimulus payment deposit should be sent to your bank account by May 2

If the last two digits of your Social Security number are 21-75

Your economic stimulus payment deposit should be sent to your bank account by May 9

If the last two digits of your Social Security number are 76-99 your economic stimulus payment deposit should be sent to your bank account by May 16

Paper Checks

If the last two digits of your Social Security number are 00-09 your economic stimulus payment deposit should be sent to your bank account by May 16

If the last two digits of your Social Security number are 10-18 your economic stimulus payment deposit should be sent to your bank account by May 23

If the last two digits of your Social Security number are 19-25 your economic stimulus payment deposit should be sent to your bank account by May 30

If the last two digits of your Social Security number are 26-38 your economic stimulus payment deposit should be sent to your bank account by June 6

If the last two digits of your Social Security number are 39-51 your economic stimulus payment deposit should be sent to your bank account by June 13

If the last two digits of your Social Security number are 52-63 your economic stimulus payment deposit should be sent to your bank account by June 20

If the last two digits of your Social Security number are 64-75 your economic stimulus payment deposit should be sent to your bank account by June 27

If the last two digits of your Social Security number are 76-87 your economic stimulus payment deposit should be sent to your bank account by July 4

If the last two digits of your Social Security number are 88-99 your economic stimulus payment deposit should be sent to your bank account by July 11

K-1 Filling:

12/9/2005 - I129F submitted

02/11/2005 NOA2 APPROVED Wohooooo!!!!

07/11/2005 Received by NVC - on way to Consulate!! yeah!!

07/11/2005 Applied for Police Certificate

15/11/2005 Police Clearance Cert Arrived

17/11/2005 Received at Consulate

30/11/2005 Medical at Edinburgh Nuffield Screening Center

03/12/2005 Packet 3 Received from Consulate!! Yipee!!

08/12/2005 X-Ray and Medical Results delivered by Courier

09/12/2005 Packet 3 Sent back to Consulate

20/12/2005 National Police Certificate Arrives! *(TIP: it takes FULL 40 days to arrive, so apply early!)*

09/01/2006 Visa Interview date - (cant make it, asked for another date)

30/01/2006 Visa Interview - VISA APPROVED!!!!!!!!!!!!!!!!!!!!

02/02/2006 FLY TO NEW YORK TO BE WITH MY BABY!!! WOHOOOOOO!!! so happy!

27/03/2006 Wedding !!!!!!!!!!!!

AOS & EAD Filling:

03/03/2006 Social Security Card Arrives weeeee!!

29/03/2006 AOS Journey begins - gathering paperwork to send off next week!

24/04/2006 Vaccinations: Diptheria and Vaccination Supplement form obtained

27/04/2006 AOS & EAD sent off to Chicago finally!!! weee!!!

03/05/2006 NOA for AOS & EAD recieved!

22/05/2006 Biometrics Completed :) - for AOS & EAD

18/01/2007 EAD Approved YaY!!

06/02/2007 AOS Interview - Pending once we submit tax form 05 & prior emails/

26/02/2008 2nd AOS Interview - Green Card Approved :)

17/04/2008 "Card Production ordered email'

18/04/2008 'Welcome to America Letter'

25/04/2008 GREEN CARD ARRIVES! 10 Year Green Card!

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Filed: Citizen (pnd) Country: Mexico
Timeline

I read that if you filed early and chose direct deposit you might be receiving the deposit as soon as Monday 4/28/08. The Feds are processing the deposits one week ahead that anticipated... lets see

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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Filed: K-3 Visa Country: Egypt
Timeline

Now that I think about it....I think the accountant only asked for his SSN.

And he did file a 1040, he worked all year long. Hmm....I hope your right its sounding more positive :dance:

If he arrived in the US a year and a half ago, I assume he has EAD and an SSN (and a job). He is filing his taxes as "married, filing separately" (as are you). The green card test and the substantial presence test are used to determine if your husband must file a US tax return as a resident alien or a non-resident alien. A non-resident alien is taxed on money they made in the US (through business, trade, or a job). If you are a resident alien for tax purposes, you are taxed on income from all sources, US or non-US (subject to the exemption of foreign income to the yearly allowance). That is the main difference here. I assuming he is required to and does file US taxes as a resident alien, that is using a regular 1040 (not a 1040NR). Of course, if you earn any money in the US and even if you fail both tests, you can elect to file a US Federal tax return (or file jointly with your spouse even if you don't make any money). This election usually results in the same or more tax revenue for the US government (never less). Resident alien and non-resident alien for tax purposes has little to do with actual immigration status.

The requirement for the rebate was filing a 1040 and having a valid SSN, so he should be getting the rebate if my assumptions hold true.

Hi, everyone. I am confused (again). My husband came here on a K3 visa almost a year and a half ago, we have filed AOS but have not heard back yet. Does this mean his status is "nonresident alien" and therefore not eligible for the rebate? We filed seperately. He has a SSN. Sorry I know this should be an obvious thing.... :oops:

Thanks!

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